V. THE JUDICIAL POWER. PROTECTION OF LAW AND ORDER

V. THE JUDICIAL POWER. PROTECTION OF LAW AND ORDER

[Courts] [Protection of Law and Order]

Courts

Article 135. The judiciary power in The Republic of Tatarstan shall exclusivly be vested in courts.

The juduciary shall be executed in order to protect the constitutional system of The Republic of Tatarstan, rights and freedoms of citizens, to guarantee the conformity of enactments issued by legislative and executive bodies of state power with the Constitution of The Republic of Tatarstan, to safeguard the law and social justice while observing and applying the laws.

Courts shall be independent of legislative and executive bodies,as well as of public associations.

No person shall, except judicial bodies stipulated by the Constitution of The Republic of Tatarstan, be entitled to take over the functions and powers of courts.

Article 136. The justice in The Republic of Tatarstan shall be admministered by the Constitutional Court of The Republic of Tatarstan, Courts of general jurisdiction and the Supreme Court for Arbitration.

Enactments of judicial bodies which shall have come in force,shall be obligatory for all juridical persons and individuals and should be observed all over the territory of The Republic of Tatarstan.

Legal actions shall be taken against any person guilty for non-observance of enactments issued by the judicial bodies which shall have come into force, or the interference with the activities of courts or manifestation of desrespect for the court.

Article 137. The cases shall be examined in all courts publically. Secret trials shall not be admitted, but for cases established by the law, with observance of all regulations of judicature.

Article 138. Judges shall not be at the same time deputies, neither shall they hold any paid office in other state, business, public bodies and organizations,as well as conduct business. Judges shall be allowed to be engaged in research and tutorial activities.

Judges shall be permanent, their immunity shall be guaranteed by the law. On attainity to the maximum age established by the law, they shall resign.

Article 139. The Constitutional Court of The Republic of Tatarstan shall be composed of the Chairman,the Deputy Chairman and members elected among the citizens of The Republic of Tatarstan who on the date of election shall have attained to the age of at least 30 and no more than 65 years,enjoying suffrage, being highly qualified jurists, with excellent moral features, which shall be necessary for discharging the office of judge at the Constitutional Court. Candidates for that office shall have higher education, a scientific degree or a length of doing juridical work for at least 10 years.

One half candidates for the office of a judge at the Constitutional Court shall be introduced to the Supreme Council of The Republic of Tatarstan by the President, the other by the Chairman of the Supreme Council of The Republic of Tatarstan.

The Chairman and the deputy chairman of the Constitutional Court shall, by the advice of judges of the Constitutional Court, be approved by the Supreme Council of The Republic of Tatarstan.

The judges of the Constitutional Court shall be independent and subordinate only to the Constitution of The Republic of Tatarstan.

Article 140. The Constitutional Court of The Republic of Tatarstan shall, in order to protect the Constitutional system of The Republic of Tatarstan, fundamental rights and freedoms of mankind, to support the supremacy and immediate action of the Constitution all over the territory of the latter, examine the compliance with the Constitution of:

1) laws and regulations of the Supreme Council of The Republic of Tatarstan;

2) regulations issued by the President and the Cabinet of Ministers of The Republic of Tatarstan;

3) international treaties of The Republic of Tatarstan. The Constitutional Court shall examine disputes on jurisdiction, which may arize between the supreme state bodies of The Republic of Tatarstan or between the bodies of power in regions and cities under republican jurisdiction.

The Constitutional Court of The Republic of Tatarstan shall,either at request of the Supreme Council of The Republic of Tatarstan, its Boards and Committee for Parliamentary Control,or on its own initiative, issue conclusions concerning the compliance of actions and decisions made by the President with the Constitution of The Republic of Tatarstan.

Enactments which shall be recognized by the Constitutional Court as fully or partially contradicting the Constitution, shall, in cases prescribed by the law, become null and void since the date of issuing the decision of the Constitutional Court. Judgements of the Constitutional Court shall be final and not subjected to appeal.

Article 141. The competence,the procedure for organization and performance of the Constitutional Court, the status of ita judges shall be prescribed by the Law on the Constitution Court of The Republic of Tatarstan.

Article 142. The Supreme Court of The Republic of Tatarstan, district (city) courts shall be courts of general jurisdiction. The law of The Republic of Tatarstan may provide the establishment of special courts for examining certain cases (cases of minority, family cases, etc.).

No courts of emergency shall be formed in The Republic of Tatarstan.

The procedure for organization and performance of courts of general jurisdiction shall be prescribed by the laws of The Republic of Tatarstan.

Article 143. All courts of The Republic of Tatarstan shall be established on the base of elected judges and people's assessors.

Judges of district (city) courts, of the Supreme Court of The Republic of Tatarstan shall be elected by the Supreme Council of The Republic of Tatarstan.

People's assessors of district (city) courts shall be elected by assemblies of citizens at places of work or residence, by open voting, while people's assessors of the Supreme Court of The Republic of Tatarstan shall be elected by the Supreme Council of The Republic of Tatarstan.

The term of their office shall be 5 years.

Activities of people's assessors shall be paid at the account of the state.

Judges and people's assessors may be recalled in compliance with the procedure and for the reasons established by the law.

Article 144. The Supreme Court of The Republic of Tatarstan shall,according to the procedure prescribed by the law, be a supreme judicial body in The Republic of Tatarstan administering justice and supervising the proceedings on courts of general jurisdictions.

The Supreme Court shall be composed of the Chairman, deputy chairmen, judges and people's assessors.

Article 145. Civil and criminal cases shall, except for cases established by the law, be examined in all courts collectively.

People's assessors, which shall administer justice,shall enjoy full rights of a judge.

Cases subject to capital punishment may be tried by the extended board of people's assessors (court of juries).

Article 146. Judges and people's assessors shall be independent and subordinate exclusively to the law.

Judges and people's assessors shall be provided with conditions necessary for free and effective discharge of their rights and duties. The interference of state and governing bodies,public associations, officials and citizens with the activities of judges and people's assessors aimed at the administration of justice, shall be prohibited and prosecuted in compliance with the procedure established by the law.

The immunity of judges and people's assessors as well as other guarantees of their independence shall be established by the law.

Article 147. Trials in courts of general jurisdiction shall be based on principles of equation of citizens being equal before the law regardless their birth,position,social position,office, property, race, nationality, sex, language, religious belief, business,profession,place of residence and employment and other conditions.

Article 148. The suspected,the accused and the detained shall have the right to defence.

The person holding preliminary investigation,the investigator, the procurator and the court should provide the suspected, the accused and the defended with means and methods of defence prescribed by the law and to protect their personal and property rights.

Article 149. The judicature in The Republic of Tatarstan shall be either in Tatar or in Russian or in the language of the majority of population resident in the relevant locality. Parties of the case who shall not speak the language in which the judicature shall be conducted,should be provided with the right to learn about all materials of the case, to participate in the trial by means of a translator, having the right to speak their native language in the court.

Article 150. The procurator of The Republic of Tatarstan and subordinate procurators shall participate in trials for reasons and in compliance with the procedure established by the law of The Republic of Tatarstan.

Article 151. Representative of public associations and work collectives shall be allowed to participate in administrating justice against criminal and civil cases.

Article 152. The Supreme Court of Arbitration shall be a supreme judicial body adminisering justice in case of economic disputes in the sphere of management which may arize between enterprises,establishments and organizations and between citizens who shall conduct business as established by the law.

The competence ,the procedure for organization and operation of the Supreme Court of Arbitration shall be established by the Law on the Supreme Court of arbitration of The Republic of Tatarstan.

Protection of Law and Order

Article 153. The exact and unified observance of laws on the part of all ministries, state committees, departments, enterprises, establishments, organizations, local Councils of People's Deputies, local administration, other bodies of local self-government, collective farms,co-operatives, public associations, officials and individuals within The Republic of Tatarstan shall be under the supervision of the Procurator of The Republic of Tatarstan and of subordinate procurators shall based on strict observance of laws of The Republic of Tatarstan being aimed at the ensurance of the supremacy of law and strengthening legitimacy.

Article 154. The procurator of The Republic of Tatarstan shall,by advice of the President of The Republic of Tatarstan,be appointed to his office by the Supreme Council of The Republic of Tatarstan to which he shall be responsible and accountable.

Deputy procurators of The Republic of Tatarstan regional, city and other procurators shall be appointed to their office by the Procurator of The Republic of Tatarstan.

Article 155. The term of office of the Procurator of The Republic of Tatarstan and of all inferior procurators shall be five years.

Article 156. Bodies of the Procurator's Office of The Republic of Tatarstan shall discharge their duties being independant of any local bodies and shall exclusively be subordinate to the Procurator of The Republic of Tatarstan.

The competence, the procedure of organization and activities of the Procurator's Office in The Republic of Tatarstan shall be established by the Law on the Procurator of The Republic of Tatarstan.

Article 157. In order to carry out preliminary investigations the Committee for Investigations of The Republic of Tatarstan shall be established.

The Chairperson of said Committee shall, by advice of the President of The Republic of Tatarstan, be appointed to his office by the Supreme Council of The Republic of Tatarstan for the term of 5 years. The Chairman shall be responsible and accountable to the Supreme Council of The Republic of Tatarstan.

The competence, the procedure for organization and operation of the said Committee shall be established by the Law on The Committee for Investigations of The Republic of Tatarstan.

The legitimacy of preliminary investigations shall be under supervision of the Procurator of The Republic of Tatarstan.

Article 158. Nobody shall be entitled to interfere with the activities of courts, the procurator's Office and the bodies for investigations. The officers of these bodies should take guidance from the law, being independent of any decisions of public associations.

The establishment and operation within The Republic of Tatarstan of private, co-operative associations and affiliate bodies with the purpose of independent performance of investigations and other specific anti-criminal functions shall be prohibited.

Private detective and safeguarding activities shall be admitted in The Republic of Tatarstan as prescribed by the law.

Article 159. The Bars shall render juridical help both to individuals and juridical persons.In cases prescribed by the law the same may be done by other juridical establishments and persons.

The procedure and operation of the Bars in The Republic of Tatarstan shall be prescribed by the law.